§Why CasetextPricing

Scott v. Wei et al

MEMORANDUM OF LAW in Support re: 78 MOTION to Dismiss . . Document

33 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,629 times   366 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Littlejohn v. City of N.Y.

    795 F.3d 297 (2d Cir. 2015)   Cited 2,252 times   11 Legal Analyses
    Holding that inference of discrimination was further supported by plaintiff's allegations that her replacement was not only outside her protected class but also less qualified for the position due to lack of relevant work experience

  4. Phillips v. Audio Active

    494 F.3d 378 (2d Cir. 2007)   Cited 568 times   2 Legal Analyses
    Holding that contract language stating proceedings "are to be brought in England" is a mandatory forum selection clause

  5. Wood v. Baum

    953 A.2d 136 (Del. 2008)   Cited 295 times   1 Legal Analyses
    Holding "that membership on the Audit Committee is a sufficient basis to infer the requisite scienter . . . is contrary to well-settled Delaware law."

  6. Employees' Ret. Sys. of Gov't of the Virgin Islands v. Blanford

    794 F.3d 297 (2d Cir. 2015)   Cited 210 times   3 Legal Analyses
    Holding that statements about "inventory, business performance, and growth prospects" were alleged with sufficient particularity

  7. In re JP Morgan Chase Securities Litigation

    363 F. Supp. 2d 595 (S.D.N.Y. 2005)   Cited 151 times
    Holding that plaintiff failed to allege scienter on theory of conscious misbehavior where plaintiff "failed to plead with requisite particularity that any of the defendants engaged in illegal behavior."

  8. Lanza v. Drexel Co.

    479 F.2d 1277 (2d Cir. 1973)   Cited 338 times
    Finding no new "issue" within the meaning of Rule 38 to warrant the revival of a jury demand where defendant "had been put on notice of the underlying facts and basic legal theory - fraud - upon which plaintiffs sought relief, and the character of the suit was in no way changed by the amendments"

  9. Munoz-Nagel v. Guess, Inc.

    12-CV-1312 (ER) (S.D.N.Y. Apr. 30, 2013)   Cited 105 times
    Noting that while the court's individual rules require a party to obtain permission prior to filing a sur-reply, given plaintiff's pro se status, the court considered it in connection with the motion to dismiss

  10. Boilermakers Local 154 Ret. Fund v. Chevron Corp.

    73 A.3d 934 (Del. Ch. 2013)   Cited 99 times   83 Legal Analyses
    Ruling on facial validity of bylaw

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,148 times   927 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,081 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 78n - Proxies

    15 U.S.C. § 78n   Cited 1,628 times   19 Legal Analyses
    Incorporating § 78m(d) by reference

  14. Section 240.14a-9 - False or misleading statements

    17 C.F.R. § 240.14a-9   Cited 601 times   7 Legal Analyses
    Stating that a proxy statement shall not "contain any statement which, at the time and in the light of the circumstances under which it is made, is false or misleading with respect to any material fact, or which omits to state any material fact necessary in order to make the statements therein not false or misleading"